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1998-08-17 - Village Board Regular Meeting - Minutes 10235 8/17/98 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE,HELD IN THE COUNCIL CHAMBERS 50 RAUPP BOULEVARD.BUFFALO GROVE.ILLINOIS ON MONDAY AUGUST 17. 1998 CALL TO ORDER President Mathias called the meeting to order at 7:38 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present:President Mathias;Trustees Marienthal,Reid,Rubin,Braiman,Hendricks and Glover. Also present were:Lee Szymborski,Acting Village Manager;William Raysa,Village Attorney;William Brimm, Finance Director; Robert Pfeil,Village Planner;Richard Kuenkler,Village Engineer;Police Chief McCann;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Marienthal,to approve the minutes of the August 3, 1998 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 3-Marienthal,Hendricks,Glover NAYS: 0-None ABSTAIN: 3-Reid,Rubin,Braiman Motion declared carried. WARRANT#868 Mr.Tenerelli read Warrant#868. Moved by Braiman,seconded by Glover,to approve Warrant#868 in the amount of$2,175,077.61,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. COMMUNITY SCHOLARSHIP WINNERS President Mathias briefly explained the Village of Buffalo Grove/Workforce Development Council Community Scholarship Program,after which he introduced Mary Pepperl of the Workforce Council. Ms.Pepperl thanked President Mathias and the Village for their efforts in securing funding for these scholarships; she presented a brief synopsis of the Workforce Development Council. Each of the recipients of the scholarships was introduced and given a certificate by President Mathias,after which each of them told of their plans for the scholarship and thanked the Village and the Council for the aid. Scholarship winners were:David Katz,Julie Simon,Eugena Ginzburg,Christine Mah,Timothy Mah,Imran Mukati, Jessica Popper,Grace Song,Beatrice Swanson and Vamsi Yadlapati. Contributors to the scholarship fund were:First Midwest Bank,NA;Advantest America;Colfax Envelope Company; Scarsdale Development Ltd.;Angus Chemical Company;LaSalle Bank NI;and Computer Discount Warehouse. 10236 8/17/98 PROCLAMATION-"SCHOOL'S OPEN SAFETY WEEK"CE DAY President Mathias read a Proclamation declaring August 24-30, 1998 as"School's Open Safety Week"in Buffalo Grove. SEAT BELT ORDINANCE A representative from the Illinois State Police,assigned to the Illinois State Police Tollway,presented a Certificate of Commendation to the Village of Buffalo Grove in recognition of their being one of the first three communities in the state to enact a primary seat belt violation ordinance. Larry Wert,Chief of the Traffic Safety Division of the Illinois Department of Transportation presented an Outstanding Achievement Award to the Village of Buffalo Grove for recognizing the lifesaving benefits of using safety belts. GOLF COURSE TEE TIMES Trustee Rubin stated that a letter was received from a resident regarding tee times at the Village-owned golf courses, and the fact that there is not a lottery for residents for tee times;he requested that staff put together a survey of park district and municipal courses in the surrounding suburbs to fmd out what their policies are. PUBLIC HEARING -WALSH PROPERTY President Mathias reopened the Public Hearing,which had been continued from July 20, 1998,at 8:03 P.M., Mr. Szymborski recapped the status of this request,details of which are contained in Mr.Pfeil's memo to him of August 6, 1998;he stated that staff recommendation is to continue this Public Hearing until September 14, 1998. At 8:04 P.M.,President Mathias continued the Public Hearing until September 14, 1998. PUBLIC HEARING-B-5 DISTRICT President Mathias re-opened the Public Hearing,which had been continued from July 20, 1998,at 8:05 P.M. Marc Schwartz,representing the petitioner,stated that the submittals which were requested have been made substantially. He stated that every best effort has been made to submit all items,but there are still some minor easement issues that are being worked out. Mr. Szymborski summarized the Board direction at the last meeting,details of which are contained in Mr.Pfeil's memo to Mr.Balling of August 6, 1998. Trustee Reid asked for the status of the easement agreement. Mr.Raysa responded that it was received at 5:00 P.M. today;three of the four exhibits are missing,but the concept is there;he explained the omissions. Trustee Reid stated that he is disappointed that the materials were not received in a timely fashion;he fmds this unacceptable;he does not think the documents should be accepted until Mr.Raysa has had an opportunity to receive all of the documents that are necessary to review them. Mr.Schwartz stated that the missing exhibits are merely mechanical exhibits that are in between offices and deal with legal descriptions. President Mathias polled the Board:"YES"indicates favor of proceeding with the Public Hearing;"NO"indicates opposition: YES: Rubin,Braiman NO: Marienthal,Reid,Hendricks,Glover 10238 8/17/98 ONE TON TRUCK-Award of Bid Motion to Award of Bid-One ton truck with plow attachment for the Public Works Department. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. ORDINANCE#98-54-CONGREGATION BETH AM Moved by Rubin,seconded by Braiman,to pass Ordinance#98-54,approving the third amendment to the Seigle's Plan Unit Development Ordinance,approving a preliminary plan and special use for Congregation Beth Am,225 North McHenry Road. Marc Schwartz,representing the petitioner,introduced those persons present representing the petitioner,and made a presentation to the Board on behalf of the petitioner,explaining the reasons for the petitioner's request. Mr.Hedland,architect and land planner,went over the plan as it has evolved,showing the traffic circulation and parking and showing how this site will work as Congregation Beth Am;he referred to Exhibit 1 -Existing Site Configuration;Exhibit 2-Site Plan Improvements;Exhibit 3-Existing Uses Within The Building;Exhibit 4- Proposed Uses Within The Building. Mary Ann Shure,President of Congregation Beth Am,also reviewed the reasons that the Congregation wishes to locate at this site,while presenting the benefits that the Village would gain by approving this request. Rabbi Belgrade spoke briefly about the positive quality of life that the Congregation would contribute to the community. Mr. Schwartz related letters of approval from business,religious and school district leaders urging the Board to approve this proposal. Trustee Braiman stated that he is a member of Congregation Beth Am,but he is not an officer,and Mr.Raysa has advised him that there is not a conflict of interest. Beth Neudleman,289 Chicory,stated that she urges the Board to approve this proposal,because she believes that Buffalo Grove needs another synagogue. Plan Commissioner Trilling stated that he is a member of the Congregation and he recused himself from discussion and voting at the Plan Commission meetings;he was a member of the design committee;he stated that most issues at the Plan Commission related to traffic. Trustee Reid stated that the Congregation has done a fine job,however,he still has the same concerns that he stated earlier because of the small amount of commercial space available in the Village;he would welcome Congregation �./ Beth Am into the community,but he is not comfortable with this site. Trustee Hendricks agrees with Trustee Reid;he believes the Congregation would be a good neighbor and would welcome them into the community in another location. Trustee Rubin,as Vice President of the Chamber of Commerce,stated that they have had many discussions regarding this site;the signage is poor and there is a lack of access;the amount of taxes that would be lost would be small;he believes this proposal would be an asset to the community. Trustee Braiman stated that Zoning Ordinance shows this is a permissible use;the parking is perfect for the needs of the Congregation;there would be some food and beverage sales tax at Bar Mitzvah's;he asked Trustees to look at the facts and vote in favor of this proposal. 10237 8/17/98 Trustee Reid stated that he is pleased that something is fmally being received from the petitioner,and he would consider continuing the Public Hearing to give the attorney time to complete his review of the materials,for all of the materials to be submitted,but to made perfectly clear and understood that if there are any further omissions at the next Board meeting,the Public Hearing would be closed and the whole process would start over;he does not feel comfortable proceeding at this time,and he would suggest continuing the Public Hearing until September 14, 1998. Mr.Raysa stated that one requirement is Village approval of the drainage easement. Trustee Braiman suggested that Mr.Raysa,Mr.Kuenkler and Mr. Schwartz meet to go over these items to ensure that everything will be in order on September 14, 1998. In answer to a question from President Mathias,Mr.Kuenkler stated that this drainage easement is necessary for Walgreen's to proceed. Mr. Schwartz reviewed the mechanics of creating this easement. At 8:21 P.M.,President Mathias continued the Public Hearing until September 14, 1998. OUESTIONS FROM THE AUDIENCE President Mathias asked if there were any questions from the audience;there were none. CONSENT AGENDA President Mathias explained the Consent Agenda,stating that any items on the Consent Agenda may be removed by a Board member or member of the audience for full discussion;there were no such requests. President Mathias read a brief summary of each item on the Consent Agenda. President Mathias voted Aye on Ordinance No. 98-53,Disposal of Surplus Property. Moved by Glover,seconded by Braiman to approve the Consent Agenda. ORDINANCE#98-51-Sign Code Variance Motion to approve Ordinance#98-51,Granting a variance from Section 14.36.010 of the Buffalo Grove Sign Code permitting installation of"For Lease"sign at 151 Hastings Drive. ORDINANCE#98-52-Sign Code Variance Motion to approve Ordinance#98-52,Granting a variance from Section 14.36.010 of the Buffalo Grove Sign Code permitting installation of"For Lease"sign at 1081 Johnson Drive. ORDINANCE#98-53-Disposal of Surplus Property Motion to approve Ordinance#98-53,Authorizing the disposal of surplus Village Personal Property. EXTENDED STAY AMERICA-Certificate of Initial Acceptance and Approval Motion to approve a Certificate of Initial Acceptance and Approval-Extended Stay America. WALGREENS-DIA Motion to approve a revised Development Improvement Agreement-Walgreens Development,Lake Cook and Buffalo Grove Roads. WENDY'S RESTAURANT-DIA Motion to approve a Development Improvement Agreement-Wendy's Restaurant,Illinois Highway 22. 10239 8/17/98 Trustee Glover stated that the main concern at the Plan Commission was parking and traffic,not wanting overflow parking or traffic to spill over into the neighborhoods;she did not vote to send this to the Plan Commission and had the same reservations as voiced by other Trustees;she went to the Plan Commission Public Hearing,and has decided that she will support this proposal,but she wanted to make clear that,just because she is voting to remove some commercial from the tax rolls,she does not intend to do this in the future. Mr. Schwartz stated that the Congregation is working with the Town Center to address parking,and members will do whatever is necessary to address any traffic problems. In answer to a question from Trustee Marienthal,Mr. Schwartz stated that have not yet talked to the bank about parking,but they will do so in the near future. Trustee Marienthal stated that he wants to see something in writing in the as to a parking agreement with the Town Center;and he also wants the record to show that the Congregation will use off-duty police officers when large volumes of traffic are expected. Mr.Raysa suggested the following change to the PUD:Page 7,Paragraph J.3.,strike"and developer"and insert "(with input from the developer)". Mr. Schwartz stated that change is acceptable to the petitioner. Mr.Raysa confirmed that there would be a point of sale tax to the Village when a private caterer is involved;Mr. Schwartz stated that is also acceptable to the petitioner. Trustee Rubin accepted the above additions to the motion,and Trustee Braiman also accepted the changes. Upon roll call,Trustees voted as follows on the amended motion: AYES: 4-Marienthal,Rubin,Braiman,Glover NAYS: 2-Reid,Hendricks Motion declared carried. President Mathias welcomed Congregation Beth Am to the Village of Buffalo Grove. TOWN CENTER DRIVE-THRU RESTAURANT Moved by Reid,seconded by Marienthal,to defer action on amending Section 17.44.060 of the Zoning Ordinance pertaining to the B-5 Town Center District allowing for a restaurant drive-thru facilities for window service until the September 14, 1998 Special Meeting. Upon roll call,Trustees voted as follows: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. STATUS REPORT-TIF RESTRUCTURING Mr.Brimm presented an update on the Buffalo Grove Town Center TIF Restructuring Status,details of which are contained in his memo to Mr. Szymborski of August 11, 1998. l BURGER KING PROPOSAL-TOWN CENTER �./ Marc Schwartz,representing the petitioner,asked that the Board hear the proposal from the petitioner,since the use is allowed,and the amendment is only needed for the drive-thru,and refer to the Plan Commission,subject to fmal approval of the amendment to the B-5 Town Center Ordinance on September 14, 1998. Trustee Reid stated that this referral is based upon the presumption that everything will be in order on September 14, 1998. If they are not,he would suggest that the referral expire. Mr. Schwartz agreed to that condition. Thomas Scesniak,representing BNB Land Venture,made a presentation to the Board with regard to the drive-thru proposal;they will present a building that will be complementary to the Town Center. Trustee Braiman asked that they look at more space in the drive-thru lane in the event that someone needs to exit 10240 8/17/98 same;he asked that they switch the drive-thru location so that it does not face the major road,or at least have sufficient landscaping to hide the drive-thru;he also asked that language be put into the ordinance prohibiting traditional semi-trailer/trucks from this location. Mr. Scesniak agreed to Trustee Braiman's requests. Moved by Braiman,seconded by Hendricks,to conditionally refer the Burger King proposal at Buffalo Grove Town Center,in accordance with comments made by the Board,to the Plan Commission for review. Mr. Scesniak confirmed to Trustee Marienthal that they will work with the Village to see that lights do not shine into ` oncoming traffic,whether it be by berming or other methods. V Trustee Reid stated that the parking situation needs to be evaluated very carefully. Upon roll call,Trustees voted as follows on the motion: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. EXECUTIVE MEETING Moved by Braiman,seconded by Reid,to move to Executive Meeting to discuss Litigation. Upon roll call,Trustees voted as follows: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. The Board moved to Executive Meeting at 9:48 P.M. At 10:10 P.M.,it was moved by Braiman and seconded by Reid to return to the Regular Meeting. Upon voice vote,the motion was unanimously declared carried. ADJOURNMENT Moved by Reid,seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 10:10 P.M. 03"1 .&114441►\iJanet M. Sirabian,Village Clerk APPROVED BY ME THIS / D7#AY OF 4_ /i , 1998 Vill resident ..1 ...1